Town of Mount Pleasant, NY Article III Permitted Special Uses

§ 218-21 General provisions.

The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.[1]

[1] Editor's Note: Former § 46-21.1, Existing accessory apartments, as added 10-26-1982 and amended 4-12-1983 and 1-29-1986, which immediately followed this section, was deleted 4-28-1987.

§ 218-22 Site plan required.

A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties that may be necessary to determine and provide for the enforcement of this chapter.

§ 218-23 Application for special permit; approving agency; required public hearing.

[Amended 2-10-1998; 1-13-2004]

Application for required special permits shall be made to the appropriate approving agency, which shall be the Zoning Board of Appeals except where the Planning Board or the Town Board is specifically designated. The Board of Appeals, as the approving agency, after public notice and hearing in the same manner as is required by law for zoning appeals pursuant to § 218-107 herein and after receipt of a report from the Planning Board, as provided below, may authorize the issuance of a special permit, provided that it shall find that all of the appropriate conditions and standards in §§ 218-28 and 218-29, and hereinafter, have been met. The Planning Board or the Town Board, as the approving agency, after public notice and hearing in the same manner as for site plans, may authorize the issuance of a special permit, provided it shall find all of the appropriate conditions and standards in §§ 218-28 and 218-29, and hereinafter, have been met. A public hearing shall be required for all special permit applications. The Town Board shall be the approving agency for special permits required under the following provisions: § 218-55, Watershed and water supply facilities, and § 218-68A, Apartment developments.

§ 218-24 Referral of applications to Planning Board.

[Amended 8-17-1982]

The Zoning Board of Appeals shall refer to the Town Planning Board, for report and recommendations, any special permit applications, which report and recommendations shall be submitted, in writing, within 60 days from the date of its receipt at a regularly scheduled Planning Board meeting. The Zoning Board of Appeals shall continue its review with the presumption that the Planning Board has recommended approval of the special permit without reservation, except for a site plan approval. Notwithstanding the provisions of § 218-35, all development proposals, subject to the zoning rules and regulations of the Town, with the exception of one-family dwellings, shall be subject to site plan review and approval by the Planning Board prior to the issuance of building permits, zoning permits and/or certificates of occupancy in accordance with § 218-97 of this chapter.

§ 218-25 Limitation on special permits.

A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.

§ 218-26 Conditions upon issuance of special permits.

[Amended 2-10-1998]

The approving agency shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.

§ 218-27 Effect on existing violations.

No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

§ 218-28 General standards.

A. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

B. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

C. Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing of lights than would be the operations of any permitted use.

D. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to avoid traffic hazards and nuisances.

§ 218-29 Specific standards.

A special use shall conform in all respects to all the regulations of this chapter and, particularly, to those regulations in the Schedule of Regulations[1] for the zoning district in which the special use is located, except that the regulations in the following sections shall apply when they are more restrictive. The Board of Appeals may reduce the special side or rear yard requirements in the following sections in those cases where the property line is adjacent to permanently open land, such as parkway or watershed property, but to no less than 40% of such special requirements and to no less than the minimum requirements provided in the Schedule of Regulations for the district in which located.

[1] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-30 Camps and day camps.

A. No camp shall be operated on a site less than 10 acres in area, and there shall be no more than one camper for every 2,000 square feet of site area, with a maximum of 400 campers permitted at any camp.

B. Outdoor areas, including camping or picnic areas and playground or sports areas, shall be located at least 125 feet from all property lines. The Board of Appeals shall require suitable fencing and landscaping around all outdoor areas.

C. There shall be provided on the site one off-street parking space for each member of the camp staff and one space for every five campers. Parking areas shall be at least 15 feet from side and rear lot lines and 50 feet from the street line and shall be suitably screened and permanently improved.

D. There shall be no more than one permanent dwelling in any camp, and it shall not be occupied by more than one family.

E. Each structure in a camp which is intended for residence, cooking or recreation purposes shall be equipped with toilets and washbasins which drain into a municipal sanitary sewer or an approved septic tank. There shall be at least one toilet and one washbasin for each 15 campers, with separate facilities for male and female.

F. No buildings or structures shall be located closer than 150 feet to any property line. Temporary structures may be permitted but shall not cover more than 5% of the site and shall not be more than one story in height. Overnight accommodations for campers or staff members shall be limited to one bed for every 10,000 square feet of site area. Every building which is to be used for sleeping purposes shall have at least 100 square feet of floor space for each bed, including bedroom or dormitory, closets and bathrooms, but excluding all other space.

G. There shall be at least three acres of suitably improved playground or sports area.

H. No more than 15 persons shall be permitted in any building not of fireproof or semi-fireproof construction.

§ 218-31 Convalescent or nursing homes.

The use of a dwelling existing at the time of the adoption of this chapter, or the erection of a new building, for convalescent or nursing home purposes, may be permitted, provided that all of the following standards are met:

A. There shall be no more than one patient bed for each 10,000 square feet of lot area.

B. The building shall be set back at least 60 feet from the street, 30 feet from each side lot line and 75 feet from the rear lot line and shall not cover more than 10% of the site.

C. The site shall be at least 40,000 square feet in area, except that no new building to be used for convalescent or nursing home purposes shall be erected on a site of less than two acres in area.

D. At least one off-street parking space shall be provided for each patient bed. Such parking spaces shall be permanently improved and shall be located in the side or rear yards but no closer than 25 feet to any property line. The Board of Appeals shall require suitable landscaping and fencing of parking areas to protect surrounding residences.

E. The building may be occupied only by patients, staff members and the family of the owner or of one staff member.

F. Any building to be used for convalescent or nursing home purposes shall be of fire proof construction. Required fire escapes, if any, shall be located only on side or rear yards.

G. One sign not exceeding four square feet in area, not flashing and not lighted by exposed tubes, bulbs or other exposed light sources, announcing the name of the convalescent or nursing home, may be permitted facing each public street.

§ 218-32 Farm uses and cold-storage plants.

A. A farm, farm use or customary farm occupation shall be permitted only as defined in this chapter and as limited thereby. It is not the intention of this chapter to permit piggeries nor the maintenance of pig farms. The incidental breeding or raising of hogs or pigs shall be limited to not more than four hogs or pigs for every two acres of farm area in actual use for agricultural, horticultural or floricultural purposes. Any garbage used for feed for domestic animals shall be kept within a fully enclosed building and shall be cooked over a gas, oil or coal fire within such building.

B. No building or structure used for any of the above purposes shall be erected on a lot of less than two acres in area nor closer than 100 feet to any property line. No pens or runs for hogs or poultry shall be permitted within 200 feet of any property line.

C. The total floor area of all buildings used for such purposes shall not exceed 5% of the lot area. No single building shall have a total floor area in excess of 5,000 square feet or a horizontal dimension greater than 100 feet, except that these dimensions may be increased to 10,000 square feet and 200 feet if the building is set back at least 200 feet from all property lines. Buildings shall be erected at least 30 feet apart.

D. No cold-storage plant may use more than 20 horsepower, nor may more than 50% of the floor area of such plant be used by persons other than the farm owner or resident of the premises.

E. The Board of Appeals shall determine that all buildings are located so as to be harmonious with the topography. The Board shall require suitable fencing and may require landscaping and screening.

F. No storage of manure or other odor- or dust-producing substance shall be permitted within 200 feet of any property line, whether within an enclosed building or otherwise.

G. No sign other than one facing each public street, announcing the name of the farm and having a total sign area of no more than six square feet, shall be permitted.

H. The provisions of this section shall not apply to, and no special permit shall be required for, the operation of a private, noncommercial garden in which produce is raised for personal use only, none of which is offered for sale.

§ 218-33 Gasoline filling stations.

A. The Planning Board shall be the approving agency for special permits for gasoline filling stations and gasoline station convenience stores under the following provisions:

[Amended 5-11-2010]

(1) Subject to the requirements contained in Subsection J below, use of a gasoline filling station shall be limited to the retail sale of motor fuels, lubricants and other motor vehicle supplies and parts, the accessory parking and storage of motor vehicles as hereinafter limited and minor repair and service activities, not including body and fender work.

(2) There shall be indoor bays or garage space for no more than four motor vehicles.

(3) Use of a gasoline filling station for the sale of new or used motor vehicles shall not be permitted.

B. All repair and service work, including car washing, other than emergency service and except for the sale of fuels and lubricants, shall be conducted entirely within a building and shall be performed only between the hours of 7:00 a.m. and 10:00 p.m. No more than one motor vehicle for every 1,000 square feet of lot area shall be stored outside at any time, and there shall be no outdoor storage of partially dismantled or wrecked motor vehicles. The Board of Appeals may also limit the amount of overnight parking and require suitable fencing to protect surrounding properties.

C. The site of a gasoline filling station shall have a frontage of at least 100 feet on a public street and shall have a depth of at least 100 feet, except where larger dimensions are set forth in the Schedule of Regulations[1] for a particular zoning district. Gasoline filling stations designed to serve trucks larger than a five-ton capacity shall have a site frontage of at least 300 feet

[1] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

D. Fuel pumps shall be set back from the street at least 25 feet. All other buildings and structures, except underground storage tanks, shall be set back at least 45 feet from the street line, 10 feet from each side line and 20 feet from the rear lot line, unless larger front or side yards are specified in the Schedule of Regulations. All buildings and structures shall be set back at least 50 feet from the side lot line of a contiguous lot in a residence district. A suitably landscaped area at least 10 feet wide, or a six-foot high, stockade-type wooden fence, with finished side facing the residence district, shall be maintained between a gasoline filling station and a contiguous lot in a residence district. Such landscaping or fencing shall not be located closer than 10 feet to the street line. Maximum coverage by all buildings and structures shall be limited to 50% of the site area.

E. There shall be no more than one driveway for each 50 feet of street frontage. Such driveways shall not be more than 35 feet wide and no less than 20 feet wide at the curbline, shall be no closer together than 15 feet at the curbline and shall be at least 20 feet from any intersection of public streets. All driveways and parking or standing areas shall be permanently improved with a paved surface. The Board shall determine that all driveways, pump islands and other structures are so located that there will be adequate sight distance of vehicles in the public street and pedestrians on the public sidewalk for vehicles entering or leaving the gas station.

F. There shall not be more than two fuel pumps for each 3,000 square feet of lot area. Storage tanks for gasoline or other motor vehicle fuels shall be located underground in accordance with the State Uniform Fire Prevention and Building Code requirements.

[Amended 11-22-1971; 3-13-2001 by L.L. No. 1-2001]

G. A gasoline filling station building shall be located at least 300 feet from any building or place of public assembly such as a church, hospital, library, school, community house, playground or theater; provided, however, that this standard shall not apply if the gasoline station is established prior to any such place of assembly. In general there shall not be more than two gasoline stations every 1,000 feet on the same side of any street, except that the Board of Appeals may permit additional gasoline filling stations if it is shown that more are needed in the public interest. There shall be no outdoor display of motor vehicle accessories except tires, of which a number not to exceed 20 may be displayed on one rack, designed therefor, immediately adjacent to the service station building. There shall be no dumping of waste materials, such as grease or oil, except in a closed underground receptacle at a place and of a design approved by the Board of Appeals. Debris, trash and discarded parts and containers shall be deposited in receptacles maintained therefor.

H. There shall be no residence or sleeping quarters maintained in any gasoline filling station. Permits for gas stations shall be issued conditionally for fifteen-year periods: provided, however, that the Board of Appeals may revoke a special permit for a gas station upon failure of the holder of such permit to correct any violation of this chapter within 10 days of the date of mailing of a notice to him of such violation.

I. The use of pennants, streamers or other moving eye-catching devices is prohibited, except in the cases of the opening of a new station, the reopening of a station that has been closed for a period of 30 days or more or a change in a station's major dealer or supplier and then only for a period not to exceed 30 days. The sign provisions of the Schedule of Regulations[2] shall apply, except that small credit card, direction, telephone or similar public convenience signs may be permitted in excess of the square-foot limitations.

[2] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

J. A gasoline station convenience store shall be permitted as an accessory use to a gasoline filling station subject to the following requirements:

[Added 5-11-2010]

(1) A gasoline service station convenience store shall be permitted as an accessory use to a gasoline filling station located in the C-RB, C-NR, C-GC, M-1 and M 1 and M-2 Districts only.

[Amended 5-24-2016 by L.L. No. 6-2016]

(2) The net floor area of a gasoline service station convenience store shall not exceed 1,000 square feet.

(3) There shall be one parking space provided for each 200 square feet, or portion thereof, of gasoline service station convenience store use. Parking spaces at gasoline pumps shall not be used to satisfy the parking requirement for a gasoline service station convenience store.

(4) Appropriate landscaping as approved by the Planning Board shall be installed and permanently maintained.

(5) A gasoline service station convenience store shall be located on a state highway and within 500 feet of a parkway exit.

[Amended 6-26-2012]

(6) Exterior site lighting shall not extend beyond the property line. All luminaires shall be shielded and provided with 90-degree cutoffs. Pole-mounted light fixtures shall not exceed 15 feet in height. The maximum permitted illumination at the property line shall be 0.5 footcandle.

(7) Pursuant to Chapter 218, all signs shall be considered to be structures and shall comply with the applicable zoning regulations. Signage for the convenience store shall be limited to one building-mounted and one pole- or pylon-mounted sign. Temporary signage is prohibited.

(8) There shall be no provision for on-site consumption of food by patrons, including but not limited to tables, chairs and eating utensils.

(9) Safety measures shall include, at a minimum, unobstructed windows of an adequate size, which should allow activities inside to be seen from the outside. Additional measures can include drop safes, visible cash registers, video surveillance and panic or holdup alarm systems provided pursuant to the requirements of the Mt. Pleasant Police Department.

(10) A traffic circulation plan shall be provided, demonstrating how the use of the site for both the gas station and the convenience store will not create unsafe conditions or vehicular conflicts. The use of bollards or other physical devices may be employed to ensure the safety of vehicles, pedestrians and structures.

(11) A gasoline service station convenience store shall only be permitted in space presently utilized as an indoor bay or garage space.

[Added 6-26-2012]

§ 218-34 Motor vehicle repair garages.

A motor vehicle repair or service garage shall be subject to the same standards and requirements set forth in this chapter for gasoline filling stations, with the following exceptions:

A. Major repair work, including body and fender work, shall be permitted. The sale of new or used motor vehicles and the display thereof shall also be permitted.

B. Indoor bays or garage space for one motor vehicle for every 800 square feet of lot area shall be permitted.

C. A maximum coverage of 75% for all buildings and structures shall be permitted.

D. In any district where a minimum front yard setback is not established, the portion of a motor vehicle repair or service garage used for display of motor vehicles, for offices or for storage of parts may be located no closer than 25 feet to the street line, provided that no building shall be closer than 20 feet to any gasoline pump.

§ 218-35 Gatehouses, guesthouses and caretakers' cottages.

[Amended 8-17-1982; 4-28-1987]

A. A gatehouse, guesthouse, caretaker's cottage or similar use shall be permitted only as an accessory use to a permitted principal residential use and shall be located on the same site therewith.

B. No gatehouse, guesthouse, caretaker's cottage or similar use shall be located on a site of less than two acres in area. Such use shall be located on the site, with respect to site boundaries and other buildings, in such a manner that a lot surrounding it could be subdivided from the site and conform to all the regulations for the district in which it is located, with the exception of the requirement of frontage on an improved street. The Board of Appeals shall find, when frontage is not to be provided, that the proposed building is so located on the site that there is a feasible location for a roadbed over which a road could be built to provide this required frontage.

C. Occupancy of a gatehouse, guesthouse, caretaker's cottage or similar use which does not have the required frontage on an improved street shall be limited to bona fide guests or employees of the residents of the principal dwelling. Such a gatehouse, guesthouse, caretaker's cottage or similar use shall not subsequently be sold or rented as a principal dwelling unless the required frontage is provided.

D. A gatehouse, guesthouse, caretaker's cottage or similar use shall be designed, constructed and used only as a single-family dwelling, subject to all appropriate regulations. Customary accessory buildings shall also be permitted.

E. Gatehouses, guesthouses, caretakers' cottages or similar structures existing at the time of the adoption of this chapter which do not conform to the above standards may be used for occupancy by bona fide guests or employees of the residents of the principal dwelling, provided that such a gatehouse, guesthouse, caretaker's cottage or similar use shall not subsequently be sold or rented as a principal dwelling unless all the above standards are met.

F. Notwithstanding the above standards, a gatehouse in which there are no living quarters and no kitchen facilities and which does not exceed 300 square feet in total floor area may be permitted by the Board of Appeals as an accessory use on a residential lot at least two acres in area. Such a gatehouse shall be subject to regulations applicable to accessory buildings, except that it may be permitted in the front yard but at least 10 feet from the street line.

§ 218-36 Accessory apartments in one-family residential districts.

[Added 4-28-1987]

It is the specific purpose and intent to permit accessory apartments on one-family residential properties in all one-family residence districts to provide the opportunity and encouragement for the development of small, rental or owner-occupied housing units designed, in particular, to meet the special housing needs designed, in particular, to meet the special housing needs of single persons and couples of moderate income, both young and old, including relatives and friends of families presently residing in Mount Pleasant. It is the further purpose and intent of this section to allow and encourage the more efficient use of the Town's existing housing stock and accessory buildings, to provide economic support for present resident families of moderate or limited income, to promote efficiency in the consumption of energy and the Town's natural resources and to protect and preserve property values. To help achieve these goals, to promote the other objectives of the Town's Zoning Ordinance and of the Town Plan, including the general benefit of the health and welfare of the Town's people, the following specific standards are set forth for such accessory apartment uses:

A. Owner-occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is to be located shall occupy at least one of the dwelling units on the premises.

B. Permit required. No accessory apartment shall be created, maintained or occupied until an accessory apartment permit is obtained from the Planning Board. Such permits shall be issued only to the owner-occupant of the principal dwelling in which such apartment is to be located. Such permit shall expire and lapse automatically upon change of ownership or when such owner ceases to occupy the principal dwelling. Any new owner of a dwelling for which an accessory apartment permit has been issued shall have 10 days following the date on which title is transferred to apply for an accessory apartment permit.

C. Location of the lot. An accessory apartment shall be located in the principal dwelling unit only, provided that such building and the portion thereof in which an accessory apartment is to be located has existed at least 10 years prior to the current calendar date.

D. Apartment size. The maximum floor area for an accessory apartment within a principal dwelling building shall not exceed 25% of the area of the dwelling building in which it is located or 600 square feet, whichever is less. The Planning Board may grant a waiver of this requirement by allowing not more than an additional 100 square feet to the maximum floor area where warranted by the specific circumstances of a particular building.

[Amended 6-24-2003[1]]

[1] Editor's Note: This ordinance provided that these amendments shall be effective for all applications for accessory apartment permits filed on or after 2-11-2003. All accessory apartment permits issued, including renewals thereof upon change of ownership, and all applications currently pending and submitted before 2-11-2003 shall continue to be governed by the provisions in effect prior to the date of adoption of these amendments.

E. Number of accessory apartments per lot. There shall be no more than one accessory apartment permitted per one-family building lot.

F. Sale or subdivision. Neither accessory apartments nor premises upon which such accessory apartments are located shall be sold, converted into cooperative or condominium ownership or subdivided unless such action is accomplished in full compliance with the codes and ordinances of the Town of Mount Pleasant, Westchester County, and the laws of the State of New York.

G. Exterior appearance. Accessory apartments shall be located, designed, constructed, landscaped and decorated in such a manner that, to the maximum extent feasible, the appearance of the principal building will remain as a one-family residence. Accessory apartments shall be designed and constructed so as to enhance the single-family character of the principal building and to enhance and not detract from the single family residential character of the neighborhood.

H. Public sewer and water required. No accessory apartment shall be permitted in any dwelling that is not serviced by public sanitary sewer and public water systems.

[Amended 6-24-2003[2]]

[2] Editor's Note: This ordinance provided that these amendments shall be effective for all applications for accessory apartment permits filed on or after 2-11-2003. All accessory apartment permits issued, including renewals thereof upon change of ownership, and all applications currently pending and submitted before 2-11-2003 shall continue to be governed by the provisions in effect prior to the date of adoption of these amendments.

I. Off-street parking. Off-street parking and access thereto shall be provided in accordance with the standards and requirements of § 218-89 of this chapter (two spaces per each unit).

J. All accessory apartments must be in compliance with all applicable building, fire, electrical, health and other applicable safety codes.

K. Lot size. No accessory apartment shall be permitted in any dwelling where the area of the lot upon which the dwelling is located is less than the minimum area required in the zoning district in which the dwelling is located.

[Added 6-24-2003[3]]

[3] Editor's Note: This ordinance provided that these amendments shall be effective for all applications for accessory apartment permits filed on or after 2-11-2003. All accessory apartment permits issued, including renewals thereof upon change of ownership, and all applications currently pending and submitted before 2-11-2003 shall continue to be governed by the provisions in effect prior to the date of adoption of these amendments.

L. Number of stories. No accessory apartment shall be permitted in any portion of a dwelling which exists above or below two or more stories of such dwelling.

[Added 6-24-2003[4]]

[4] Editor's Note: This ordinance provided that these amendments shall be effective for all applications for accessory apartment permits filed on or after 2-11-2003. All accessory apartment permits issued, including renewals thereof upon change of ownership, and all applications currently pending and submitted before 2-11-2003 shall continue to be governed by the provisions in effect prior to the date of adoption of these amendments.

M. Reinspection. Accessory apartments which have been approved by the Planning Board shall be reinspected by the Building Inspector one year alter issuance of the permit and every three years thereafter. In the event the inspection discloses any noncompliance with or violations of the terms of this section or with any condition of the permit, the Building Inspector shall report such findings in writing to the Planning Board. The Planning Board shall thereupon schedule a public hearing with due notice to determine whether the permit should be revoked based upon such noncompliance or violation. Refusal to allow reinspection by the Building Inspector shall be a basis for revocation of the permit by the Planning Board after a public hearing.

[Added 6-24-2003[5]]

[5] Editor's Note: This ordinance provided that these amendments shall be effective for all applications for accessory apartment permits filed on or after 2-11-2003. All accessory apartment permits issued, including renewals thereof upon change of ownership, and all applications currently pending and submitted before 2-11-2003 shall continue to be governed by the provisions in effect prior to the date of adoption of these amendments.

§ 218-37 Golf driving ranges.

A. A golf driving range shall be so laid out that there is no danger or nuisance to surrounding properties or to traffic on the public streets. The Board of Appeals shall require suitable fencing as an additional precaution.

B. One off-street parking space shall be provided for each golf driving tee.

C. The Board of Appeals may also permit accessory uses to golf driving ranges, such as baseball batting or miniature golf, provided that it shall find that such uses would not be detrimental to the area or create unusual traffic conditions.

D. The Board of Appeals may also require landscaping and screening.

§ 218-38 Hospitals or sanatoriums.

A. A hospital or sanatorium, as defined in this chapter, and customary accessory buildings, shall be set back from all property lines at least 200 feet The maximum total coverage of a lot by all buildings shall not exceed 20%, and the area of the lot shall be at least 10 acres.

B. Notwithstanding the height limitations of the Schedule of Regulations,[1] a hospital or sanatorium building may be constructed to a height of three stories or 45 feet, but no building exceeding this height shall be permitted unless approved by the Town Board.

[1] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

C. Dormitories or dwellings may be permitted as accessory buildings and shall be set back at least 100 feet from all property lines, and the height limitations shall be 21/2 stories or 35 feet. Use of such dormitories or dwellings shall be limited exclusively to nurses or other members of the hospital staff, and a dormitory or dwelling shall not subsequently be sold or rented for use as private residences or for any other legal use unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located.

D. The distance between buildings shall be at least twice the height of the taller building.

E. One off-street parking space shall be provided for each hospital bed or bassinet. Parking areas shall be located at least 50 feet from all property lines and shall be suitably screened and permanently improved.

F. One sign not exceeding 20 square feet in area, not flashing and not lighted by exposed tubes, bulbs or other exposed light sources, announcing the name of the hospital, may be permitted facing each public street.

G. A hospital or sanatorium for patients suffering from contagious disease, tuberculosis or mental disease may be permitted, provided that all buildings are located at least 500 feet from all property lines and all other applicable standards are met.

H. The Board of Appeals shall require suitable fencing, landscaping and screening.

I. All buildings constructed for use as hospitals or sanatoriums shall be of fireproof construction.

§ 218-39 Limited-fabrication operations.

A. The establishment of a limited-fabrication business, the principal operation of which is the assembling of finished parts or products for sale or distribution, may be permitted. Processing incidental to such assembling may be permitted, but this shall not include manufacturing of any kind.

B. All operations shall be conducted solely within a building, and the hours of operation shall be limited to the period of 7:00 a.m. to 7:00 p.m. No operations on Sundays or holidays shall be permitted.

C. Only electrical power shall be used, and the Board of Appeals may limit the total rated horsepower used in the fabrication operation to an amount commensurate with preventing any nuisance to surrounding properties.

D. No use which would be a nuisance to surrounding properties because of the emission of noise, smoke, odor, vibration or light or because of dissemination of harmful wastes shall be permitted.

E. The number of persons employed in the limited-fabrication operation shall be limited to one for every 1,000 square feet of site area. No buildings used for limited-fabrication operations shall be more than two stories or 35 feet in height.

F. Notwithstanding the above conditions to the contrary, in the C-RB Rural Business District the Zoning Board of Appeals may permit the establishment and operation of printing, sales, service and fabrication, subject to the provisions of this section and site plan review by the Planning Board. Limitations on the number of persons employed in any limited-fabrication activity noted in Subsection E above shall apply to the actual printing operation only.

[Added 6-12-1984]

§ 218-40 Limited-office uses.

Existing residential buildings which, because of their size, age, design or location, are no longer desirable or practical for residential use may be used for limited-office purposes, subject to the conditions in the following subsections:

A. There shall be no change in the exterior of the building, except for an extension or alteration which is of the same or of harmonious architectural style and appearance made in accordance with plans approved by the Board of Appeals. Such alteration or extension shall be limited to an increase of the existing floor area by no more than 25%.

B. Only an office use of a business or professional type or laboratories devoted exclusively to scientific experimentation shall be permitted. This shall not include any office use, such as medical, banking or real estate, which involves regular visits by the general public. No storage of materials for sale and no manufacturing or servicing of any type shall be permitted. The regular activities of such offices or laboratories shall be conducted entirely within the building. The Board of Appeals may limit the hours of operation.

C. The total number of persons employed in or regularly using such offices or laboratories shall be limited to one for every 10,000 square feet of site area, with a maximum of 50 persons, but the Board may further restrict occupancy to prevent traffic nuisance or congestion.

D. The site or lot of a house to be used for such purposes shall be at least five acres in area. The site or lot shall have frontage of at least 200 feet on a public street of a design and condition adequate to handle the anticipated traffic flow safely and conveniently. Access to any street shall be permitted only if the Board of Appeals finds that any additional traffic created by the offices or laboratories will not have a detrimental effect upon abutting residential properties.

E. No house which does not meet the front, side and rear yard requirements of the district in which located shall be used for such purposes. Front, side and rear yards for any alterations or extensions shall be at least twice the required minimums.

F. Off-street parking spaces shall be provided to accommodate all persons employed in or regularly using the offices or laboratories, and there shall be at least one off-street parking space for each two such persons. The parking area shall be permanently improved, shall be located at least 100 feet from all street lines and at least 50 feet from all other property lines and shall be completely screened from neighboring properties and from the street by landscaping.

G. Outdoor recreation areas for use of only the employees of the offices or laboratories may be permitted by the Board of Appeals, provided that such recreation areas are located at least 100 feet from all property lines and provided that the Board shall find that such areas would not be a nuisance to surrounding properties. Fencing and landscaping of recreation areas shall be required where the Board of Appeals deems desirable.

H. Residence for no more than one family shall be permitted in any house used for office or laboratory purposes. No other building on the site shall be used for residence purposes unless such building meets all the regulations of the residence district in which located, including minimum lot area and frontage on a public street.

I. The construction of the house to be used for such purposes, including its degree of fire resistance, shall meet all requirements of the Town's Building Code[1] for places of business or public assembly. Sanitary facilities shall meet the approval of the County Health Department, and occupancy shall be limited to the number of persons designated as allowable by that Department if less than permitted under other provisions of this section.

[1] Editor's Note: The building construction provisions of the State Uniform Fire Prevention and Building Code are the controlling building construction standards in the Town of Mount Pleasant. See also Ch. 68, Building Construction Administration.

J. There shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies established on the site. Such a sign shall not exceed six square feet in area and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary small direction signs shall be permitted. Exterior spotlighting or other illumination shall be so installed as to prevent any nuisance to adjacent residential districts or to traffic on public highways. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be permitted.

K. The Board of Appeals shall require additional fencing and landscaping and attach such other conditions and safeguards as may be considered necessary to protect surrounding residential properties and ensure continued compliance with all applicable regulations. The grounds and the exterior of buildings shall be kept and maintained in conformity with the best standards of good residential property.

L. No use which would be noxious or offensive to surrounding properties because of odor, dust, smoke, gas, vibration, flashing or excessive light or noise shall be permitted. No use shall be permitted from which there would be a harmful discharge of waste materials or which would constitute menace to surrounding properties by reason of fire, explosion or other physical hazard.

§ 218-41 Lumberyards; storage of building materials or fuels.

A. The storage of lumber or other building materials or fuels may be permitted, except that the Board of Appeals shall require suitable landscaping, screening and fencing, and, where practical, the Board may also require that such storage be located within buildings or open sheds.

B. The Board of Appeals may require conformance to any standards recommended by the Fire Department concerned. In no case shall the storage of any combustible materials be permitted within 25 feet of a property line.

C. The Board of Appeals may also require conformance to other standards in order to prevent a nuisance to neighboring properties by reason of dust or odor or any other reason.

D. Outside storage shall be limited to those specific locations approved by the Board, and materials such as lumber, building blocks or coal shall be piled no higher than 20 feet and in a manner so as not to endanger surrounding property or the public ways.

§ 218-42 Motels.

A. Use. If a site is to be used for a motel, it shall be subject to the issuance of a special permit by the Planning Board in accordance with the applicable procedures and provisions of Article III and use of the site and any buildings or structures on the site shall be limited to the usual motel activities, as defined in this chapter, and accessory uses incidental to the operation of a motel and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the motel and located on the same site with the motel:

[Amended 2-10-1998]

(1) One house or apartment with or without kitchen facilities for the use of the motel manager or caretaker and his family.

(2) One restaurant, coffee shop or cafeteria providing food and drink without entertainment and serving either motel guests exclusively or the general public.

(3) Amusement and sport facilities for the exclusive use of motel guests, including:

(a) A swimming pool.

(b) A children's playground.

(c) Tennis or other game courts.

(d) Game or recreation rooms.

(4) Automobile parking garages or carports for the exclusive use of the motel guests and off-street parking spaces.

(5) An office and lobby, provision of which shall be mandatory for each motel.

B. Occupancy. Occupancy for any guest shall be limited to not more than 30 days in any ninety-day period. In no case are motel units to be used as apartments for nontransient tenants.

C. The site or building lot for each motel shall be at least four acres in the area exclusive to the motel and its permitted accessory uses, shall have a frontage of a least 300 feet on a state or county highway and may be a designated portion of a larger building lot in a C-RB District within which other permitted uses may be developed. No dimension of a motel site shall be less than 250 feet. A motel site shall be suitably landscaped, and all driveways and parking areas shall be permanently improved.

[Amended 2-10-1998]

D. Setbacks. For all motel dormitory units, the minimum setback from all roads and parkways shall be as follows:

[Amended 2-10-1998]

(1) Motels without interior corridors:

(a) From all adjacent streets: 200 feet.

(b) From all other property lines: 100 feet.

(c) Related accessory motel uses, from all property lines: 100 feet.

(2) Motels with interior corridors and provided that the site is in a C-RB District abutting a state highway and is not adjacent to a residential zoning district:

(a) From all adjacent streets: 200 feet.

(b) From all other property lines: 85 feet.

(c) Related accessory motel uses, from all property lines: 85 feet.

(3) Signs:

(a) From all adjacent streets: 25 feet.

(b) From all other property lines: 100 feet.

E. Coverage and density. All principal and accessory buildings and structures shall cover a total of not more than 15% of the site. A restaurant, coffee shop or cafeteria shall not cover more than 2% of the site. There shall be no more than one motel dormitory unit for every 2,500 square feet of site area. Where a motel is part of a mixed use development in a C-RB District which fronts on a state highway and is not adjacent to a residential use district, there shall be no more than one dormitory unit for each 1,700 square feet of lot area. In no case shall there be more than one hundred dormitory units in any motel. If the motel site is part of a larger building lot in the C-RB District which is to include other uses as may be permitted under this chapter, the above restrictions shall be applicable to the portion of the lot required to be dedicated exclusively to the motel use and its permitted accessory uses.

[Amended 2-10-1998]

F. Building height. No buildings or structures shall be more than two stories or 25 feet in height, except that, where the property is in a C-RB District, abuts a state highway and is not adjacent to a residential use district, the height limit shall be a maximum of three stories and 35 feet in height. Ventilators, skylights, water tanks, bulkheads, chimneys, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above the roof level may extend an additional 10 feet above the roof level of a building, but the total area of all such features shall not exceed 25% of the roof area. This subsection shall not be interpreted as prohibiting the construction of a gable roof.

[Amended 2-10-1998]

G. Motel units.

(1) Motel dormitory units shall not be interconnected by interior doors in groups of more than two units, except that units in a C-RB District may be entered through interior central corridors.

[Amended 2-10-1998]

(2) The maximum dimension of any motel building shall not exceed 200 feet.

(3) The total interior floor area of each motel dormitory unit, inclusive of bathroom and closet space, shall not be less than 300 square feet. However, in any motel, 30% of the units may have floor area less than 300 square feet but not less than 225 square feet, provided that no unit having less than 300 square feet shall contain more than one double or two single beds.

(4) The distance between buildings shall not be less than 50 feet, except that this distance may be reduced to 25 feet where no driveway passes between buildings.

(5) The definition of "motel" contained in this chapter notwithstanding, an individual kitchenette may be provided in any unit having a floor area of 300 square feet or more, except that no more than 20% of the motel units in any building shall contain kitchenettes, and such kitchenettes shall not include refrigerators of a size larger than 10 cubic feet in capacity, dishwashers, ovens, or microwave ovens of a size larger than 1.5 cubic feet in capacity.

[Amended 2-10-1998]

H. Access and service roads and off-street parking. Access and service roads from existing public streets and highways shall be properly related to these streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall be limited to a total of two on any street. Off-street parking shall be provided as follows:

(1) For motels, at least one automobile parking space, carport or garage shall be provided on the site for each motel unit and shall be located within 50 feet of the motel unit which it serves, or, for motel units in a C-RB District serviced by interior central corridors, each parking space shall be located within 250 feet of a motel building entrance.

[Amended 2-10-1998]

(2) For restaurants, coffee shops or cafeterias, at least one automobile parking space shall be provided for every 100 square feet of floor area devoted to patron use.

(3) All off-street parking areas shall be at least 50 feet from all property lines, except that, for motels in a C-RB District, this distance may be reduced to 10 feet from any side or rear property line adjoining a property in a nonresidential use district, and parking areas serving a restaurant, cafeteria or coffee shop shall be at least 50 feet from all motel dormitory units.

[Amended 2-10-1998]

I. Signs[1] and exterior lighting.

(1) No sign shall be greater than 50 square feet in area. No more than one such sign shall be located on the site, except that an accessory restaurant, coffee shop or cafeteria may have one additional sign, but no such additional sign shall be greater than 25 square feet in area. Necessary small direction signs shall be permitted.

(2) Signs shall be erected on separate structures and shall comply with all regulations applicable to the height and location of buildings and structures, except that signs may be erected to within 25 feet of the street line.

(3) In addition to the signs permitted above, the approving agency may permit one additional sign, not exceeding 50 square feet in area, located on a wall of a permitted principal building. A lighted sign shall be so located and designed that it is not visible from any contiguous residence district if within 750 feet thereof, and an unlighted sign shall be so located and designed that it is not visible from any contiguous residence district if within 250 feet thereof. The additional sign may be permitted by the approving agency only if it can be clearly demonstrated that other permitted signs would not be satisfactory in bringing the presence of the motel to the attention of traffic on the principal roads from which the motel's clients would come and provided that such additional sign would be in general harmony with the district.

[Amended 2-10-1998]

(4) No sign shall be erected which would be a nuisance to adjacent residential property, school or parks. No sign shall be of the flashing type or be illuminated by exposed tubes, bulbs or similar exposed light sources.

(5) No exterior lighting or other illumination shall be installed so as to constitute a nuisance to adjacent residential districts, schools or parks. No unshaded light sources shall be permitted. Lights shall be so located that their beams are not directed into residential areas or into the public highway. Necessary safety lighting of roads and buildings shall be permitted and required.

[1] Editor's Note: See also Ch. 176, Signs.

§ 218-43 Nonprofit membership clubs.

A. The club shall qualify as an organization of persons incorporated pursuant to the provisions of the Membership Corporation Law or the Benevolent Orders Law or as an unincorporated, nonprofit membership association, which can produce evidence satisfactory to the Board of Appeals that it was founded for the purposes enumerated below and shall be operated solely for a recreational, social, patriotic, benevolent, educational or athletic purpose, but not for pecuniary gain, and shall not include a riding club. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of the club for benefits or performances for a recognized charity nor for meetings of other organizations nor for educational and cultural purposes. Privileges of the club shall be limited to bona fide, regularly enrolled dues-paying members and guests accompanying them.

B. At least one off-street parking space shall be provided for every member, except that in the case of memberships issued to families, there shall be at least one off-street parking space for each family, with the further exception that clubs with a capacity which can be measured in number of seats shall provide one off-street parking space for every five such seats. The Board of Appeals may reduce these parking requirements in any case where the maximum anticipated number of cars at a club, because of its particular type, location, hours of operation, capacity of club facilities or other reasons, would be less than requirements provide for, but not less than one space for each three memberships. Parking areas shall be located at least 25 feet away from all property lines. The Board of Appeals shall require suitable landscaping around parking areas which shall be permanently improved. Access drives from existing streets and highways shall be located so as to avoid unsafe conditions and traffic congestion. The Board of Appeals may prohibit access to a club site from local residential streets.

C. There shall be no more than one sign facing each public street announcing the name of the club. Such sign shall not exceed six square feet in area. The Board of Appeals may require suitable fencing and landscaping and such other facilities as may be needed to safeguard the peace, comfort and safety of the neighbors.

D. A club organized for purposes which are conducted within a building shall be located on a site at least one acre in area but no less than the minimum lot size of the district in which located. All buildings shall be set back at least 75 feet from all property line and shall not cover more than 10% of the site.

E. A club organized for purposes which are conducted outdoors shall be located on a site at least two acres in area, but no less than the minimum lot size of the district in which located. All buildings and all structures such as swimming pools shall be set back at least 100 feet from all property lines and shall not cover more than 10% of the site. The following standards shall also apply to such clubs:

(1) All athletic or recreation areas and facilities, other than golf courses, shall be located at least 50 feet from all property lines, but the line from any tee to its green, for a distance of 200 yards from the tee, shall be at least 100 feet from all property lines.

(2) Outdoor public-address systems may be permitted by the Board of Appeals if it can be shown that no sound will carry beyond the limits of the club site.

F. A dwelling unit may be located in the clubhouse for use of the club manager or caretaker and his family. Sleeping rooms or suites, without kitchen facilities, shall be permitted for the overnight accommodation of club members and their guests, but there shall be no more than one sleeping room for each acre of site area.

G. Single-family dwellings may be permitted on any club site at least two acres in area; provided, however, that each dwelling shall be located on the site, with respect to site boundaries and other buildings, in such a manner that a lot surrounding it could be subdivided from the site and conform to all the regulations for the district in which it is located.

H. Any use of a clubhouse or club site which involves the discharge of firearms, bow and arrow or any other dangerous weapons shall be permitted only upon compliance with all applicable state and local laws. The Board of Appeals shall establish such setbacks and require installation of such facilities that, in its judgment and on the advice of the Chief of Police, are necessary to protect the safety, peace and comfort of the public.

§ 218-44 Nursery schools.

A. The lot on which a nursery school, as defined in this chapter, is operated shall be at least one acre in area and not less than the minimum lot area for the district in which located.

B. The lot shall contain at least 200 square feet of outdoor play space per child, with a minimum play space of 1,000 square feet. The play space shall be located in side or rear yards but no nearer than 50 feet to any lot line and no nearer than 60 feet to any adjacent residential structure. The outdoor play area shall be suitably fenced and screened to protect the school children and to avoid any nuisance to adjoining properties.

C. The area used for nursery school purposes inside any building shall be on the first floor only and shall not be less than 35 square feet for each child in such school, exclusive of space in cloakrooms, lavatories, storage rooms and hallways. No basement area shall be used for child care or instruction purposes. There shall be at least one toilet and one washbasin available for each 15 children.

D. There shall be provided one off-street parking space for each teacher and other staff member and one space for every five pupils. Parking areas shall be at least 15 feet from side and rear lot lines and 50 feet from the street line and shall be suitably screened and permanently paved.

E. There shall be no more than one pupil for each 1,500 square feet of lot area and a total of not more than 50 pupils; provided, however, that there shall not be more than 15 pupils in any building not of fireproof or semi-fireproof construction. Any nursery school that is to be operated for more than 50 pupils shall be subject to the special permit standards in this chapter for private and parochial elementary schools.

§ 218-45 Parochial and private elementary schools, high schools and colleges.

A parochial or private elementary or high school or college shall be permitted, subject to the following standards, provided that it is a school offering a comprehensive curriculum of study similar to that of a public school. Customary accessory uses to schools or colleges shall also be permitted.

A. The site for any parochial or private elementary school shall have an area of at least 10 acres, plus 1/2 acre for each 100 pupils or major portion thereof in excess of 300 pupils. Such site shall have a frontage of at least 200 feet on a suitably improved public street. No private or parochial elementary school shall be designed, erected, altered or used for more than 700 students.

B. The site for any parochial or private junior high or high school shall have an area of at least 15 acres, plus one acre for each 100 pupils or major portion thereof in excess of 250 pupils. Such site shall have a frontage of at least 400 feet on a suitably improved public street. No private or parochial junior high or high school shall be designed, erected, altered or used for more than 1,500 students.

C. The site for any parochial or private college shall have an area of at least 25 acres, plus five acres for each 100 pupils or major portion thereof in excess of 400 pupils in attendance at any one time. Such site shall have a frontage of at least 500 feet on a suitably improved public street

[Amended 4-24-1984]

D. Buildings.

[Amended 3-12-2013]

(1) All buildings shall be located at least 200 feet from street lines and at least 100 feet from all other property lines. Grandstands, gymnasiums, central heating plants and similar buildings shall be set back at least 200 feet from all property lines. The distance between buildings shall be at least twice the height of the taller building. Total coverage of the site by all buildings shall be limited to 20%. Dormitories and single-family dwellings shall be permitted as accessory buildings, provided that the minimum area of the site shall be increased by at least 1,000 square feet for each dormitory bed and by at least the minimum lot area of the applicable zoning district for each single-family dwelling. Use of such dormitories or dwellings shall be limited exclusively to students, teachers or other members of the staff of the school or college, and a dormitory or dwelling shall not subsequently be sold or rented as private residence or for any other legal use unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located. For colleges:

(a) The minimum distance between buildings shall be 30 feet.

(b) The minimum setback from all other property lines as described above shall be increased to 150 feet for any building proposed to exceed 2 1/2 stories or 35 feet in height.

(2) Multifamily dwellings for the exclusive use of teachers and other members of the staff of the school shall be permitted as accessory buildings, provided that, in addition to all other site requirements, there shall be land set aside for each such dwelling of an area at least equal to the minimum residential lot size of the district in which such school site is located times the number of dwelling units in such dwelling and provided that each multifamily dwelling shall be at least 300 feet from any boundary line of the total school site and be so located with respect to the required additional land that a lot could be separated from the balance of the school site and meet these area requirements, with yards at least equal to twice those required in the district in which located, and provided further that there shall be no more than eight dwelling units in any multifamily dwelling and no more than one multifamily dwelling for each 50 acres of total school site area. No such multifamily dwellings or dwelling units therein shall subsequently be rented or sold unless the above-mentioned lot shall be created with frontage on an approved street and unless the Board of Appeals shall find that the private school to which such dwellings were accessory has ceased to operate or that the type of school has changed to one which no longer requires staff housing.

(3) For colleges, the maximum height of buildings shall be four stories and 55 feet.

E. One off-street parking space shall be provided for each teacher and other member of a school or college staff and, in the case of colleges, one additional space for each five students. For auditoriums, gymnasiums, grandstands and other gathering places, one off-street parking space shall be provided for each five seats. The Planning Board may approve the design of a parking area to serve more than one use, provided that such uses will require parking facilities at different times. Parking areas shall be located at least 50 feet from all property lines, except that in the case of a property line adjacent to permanently open land, parking areas shall be located at least 15 feet therefrom and shall be permanently improved. Access and interior drives on the school site shall be located so as to prevent unnecessary traffic on local residential streets and to avoid unsafe conditions and traffic congestion.

F. Playground and playfield areas.

(1) A school site shall contain suitably designed and improved outdoor playground or playfield areas of the following size:

(a) Elementary school. The minimum playground size shall be three acres; the minimum area of playground per 100 students shall be 3/4 of an acre.

(b) Junior-senior high school. The minimum playground size shall be five acres; the minimum area of playground per 100 students shall be 1.5 acres.

(c) College. The minimum playground size shall be five acres; the minimum area of playground per 100 students shall be two acres.

(2) Such playgrounds or playfields shall be located no closer than 100 feet to any property line.

(a) College. In the case of a property line adjacent to permanently open land or a state highway, playgrounds or playfields shall be located no closer than 25 feet therefrom.

[Added 3-12-2013]

G. The Board of Appeals shall require suitable fencing, landscaping and screening to prevent any nuisance to surrounding properties and to protect the students attending the school.

H. The Board of Appeals may require conformance to any standards that may be established for public schools by the New York State Commissioner of Education. Conformance to all local health and safety codes shall be required. The Board may reduce the minimum site area requirements when a site is located immediately adjacent to permanently open land, such as parkway or watershed lands, but to no less than 60% of such requirements.

§ 218-46 Riding clubs and stables.

A. The Board of Appeals may permit the use of a site no smaller than two acres in area for use by a private, nonprofit riding club or school or stable which may be used incidentally for boarding, training or livery purposes, provided that all applicable standards set forth in this chapter for farms are met and provided that there shall be no dwelling units in the same building in which horses are housed. Dude ranches shall not be permitted.

B. Indoor riding halls not larger than 20,000 square feet shall be permitted, provided that they are located at least 200 feet from all property lines and screened by suitable landscaping. The buildings in which horses are to be stabled shall be of a design to provide ventilation, light and drainage.

C. Indoor riding halls not larger than 36,000 square feet and a height of 45 feet shall be permitted, provided that:

[Added 12-14-1971]

(1) They are located at least 400 feet from all property lines and screened by suitable landscaping.

(2) All paths or trails used by horses shall be 150 feet from all adjacent buildings of neighboring property.

(3) The riding hall shall be 200 feet from the nearest building occupied by humans, except that separate buildings may be occupied by persons employed in the care and maintenance of horses.

(4) Adequate parking, egress, ingress, screening and building location shall be shown on a site plan to be approved by the Planning Board.

(5) The owner shall stop operating on five days' notice of any violation.

(6) Any change of site plan shall be resubmitted to the Planning Board for approval.

D. The Board of Appeals may permit indoor riding halls of different size with different setbacks, provided that Subsection B is used as the minimum and Subsection C as the maximum.

[Added 12-14-1971]

§ 218-47 Dog kennels.

The Board of Appeals may permit, as an accessory to a residence use on a site at least one acre in area, a private, nonprofit dog kennel for four or more dogs, but not including boarding or training kennels operated for business purposes. Such kennels shall be located in the rear yard at least 75 feet from all property lines and shall be suitably fenced and landscaped. Use of the kennel shall be limited to one dog for every 5,000 square feet of lot area. No special permit is required for the keeping of fewer than four dogs.

§ 218-48 Public utility substations.

The provisions of this section shall apply to single public utility transmitting. switching or distributing stations and towers. Minor structures, such as hydrants, telephone or light poles, pole transmitters or transformers or similar equipment shall not be subject to these regulations. Where the proposed use shall require the on-site supervision or attendance by more than five persons at any one time, the approval by the Board of Appeals shall be subject to the concurrence of the Town Board.

A. The Board of Appeals may permit the use of the site for such purposes, subject to the following standards:

(1) Unit substations serving the local area of the Town of Mount Pleasant shall have 10,000 square feet of minimum site area.

(2) Substations serving the Town of Mount Pleasant and/or the surrounding regional area shall have 40,000 square feet of minimum site area.

(3) No tower shall exceed 150 feet in height nor be closer to any property line than a distance equal to its height.

(4) The Board of Appeals shall require suitable fencing to protect the public and shall also require enough landscaping and planting to screen effectively the substation from surrounding property.

(5) All structures shall maintain the yard setbacks of the district in which located, but in no case shall the setbacks be less than 25 feet. The Board may increase these required setbacks or set other conditions in order to prevent any noise or other nuisance to surrounding property.

(6) The Board shall require provision of suitable off-street parking spaces to accommodate maintenance or employees' vehicles.

(7) Substations which would be a nuisance to surrounding property because of smoke, gas, odor, heat or vibration shall not be permitted in any residence or commercial district.

B. Public utilities facilities. Public utility communication centers, including computer centers, switching centers, repeater stations and radio relay towers and buildings, with a central heating plant to heat buildings on the site only and a central power plant to furnish power for communications and for on-the-site emergency uses only, may be permitted as special uses as provided in §§ 218-49 and 218-50, subject to compliance with the following additional requirements:

(1) A minimum site area of 10 acres shall be required.

(2) Setbacks of 100 feet from all property lines shall be required. The Board of Appeals may increase these required setbacks or set other conditions in order to prevent any noise or other nuisance to surrounding property.

(3) The height of any building shall not exceed 35 feet or two stories. Such limitations shall not apply to ventilators, skylights, water tanks, bulkheads, building chimney, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above roof level. The total area covered by all such features shall not exceed 25% of the roof area, and such features shall not be greater than 15 feet in height above the level of the roof.

(4) No radio relay tower shall exceed 150 feet in height nor be closer to any property lines than a distance equal to its height.

(5) The Board of Appeals shall require suitable landscaping and planting to screen the communications' centers, radio relay building or buildings, computer centers and central heating and/or power plants from abutting properties. The grounds and the exterior of the buildings shall be kept and maintained in conformity with the best standards of good residential property.

(6) The Board of Appeals shall require provision of suitable off-street parking spaces, located at least 50 feet from any property line, sufficient to accommodate employee and visitor vehicles.

(7) The number of employees upon a minimum site of 10 acres at any one time shall not exceed 120. Twelve additional employees shall be permitted for each additional acre, not to exceed a total of 150 employees at any one time, provided that, if, upon application, the Zoning Board of Appeals shall determine, after public notice and hearing in the same manner required by law for zoning appeals, that additional employees may be permitted on the site without causing undue congestion on the streets or detrimental effects upon abutting properties, the Zoning Board of Appeals may increase the numbers of employees specified above to 125 and 13, respectively.

(8) The regular activities shall be conducted entirely within the buildings.

(9) The site plan shall be approved by the Zoning Board of Appeals, which shall determine that such plan conforms with the requirements herein set forth and that the anticipated traffic shall flow safely and conveniently and shall not have a detrimental effect upon abutting residential properties.

(10) No use which would be a nuisance to surrounding property because of smoke, gas, odor, heat or vibration shall be permitted on the site, anything herein to the contrary notwithstanding.

(11) There shall be no signs other than one facing each public street announcing the name and/or insignia of the company established on the site. Such a sign shall not exceed 15 square feet in area and shall not extend above the roof or coping of any building. The sign shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary small direction signs shall be permitted.

(12) All exterior lighting, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any adjacent residential property or from the street.

§ 218-49 Public utility transmission lines.

A. The provisions of this section shall not apply to telephone, electric light and power lines carrying no more than 5,000 volts (no more than 15,000 volts if enclosed in a common sheath cable and suspended from wooden poles) and usually located along public highways or to local underground conduits, cables, gas, sewer and water mains or pipes.

B. Public utility transmission lines may be permitted by the Board of Appeals, provided that it is clearly demonstrated that such lines will not endanger the public or surrounding property.

C. In built-up areas, the Board may require that transmission lines be located underground.

D. A right-of-way of sufficient width shall be required to permit the safe construction and maintenance of the transmission line and to prevent any nuisance or hazard to surrounding property. The width of the right-of-way shall be at least 100 feet. The Board of Appeals may permit the erection of a transmission line within an easement across private property, subject to these same regulations, provided that there are adequate safeguards to maintain the area within these easements free of private building or development of any kind. No tower shall exceed 150 feet in height. The Board shall require suitable landscaping of the right-of-way and of tower bases or other structures.

E. Gas booster stations or storage tanks shall not be permitted.

F. Any substations along such transmission lines shall be subject to the provisions of § 218-48.

§ 218-50 Radio, television and other electronic transmission towers.

[Amended 2-9-1993]

A. The provisions of this section shall apply to radio, television and other electric transmission towers and shall include accessory radio transmitting or relay stations or similar stations but shall not include those operated by a public utility which shall be subject to the provisions of §§ 218-48 and 218-49.

B. No tower shall exceed 150 feet in height.

C. The site for any tower or any transmitting or relay station shall be at least one acre in area, provided that no horizontal dimension of such site shall be less than four times the height of the tower, which shall be located near the center of the site.

D. The Board of Appeals shall require suitable landscaping.

E. No radio or other transmission tower which would cause interference to local radio or television reception or which would endanger the public or neighboring property shall be permitted.

§ 218-51 Religious, charitable and eleemosynary institutions.

[Amended 2-9-1993]

A. A religious, charitable or eleemosynary institution, including cemeteries, but not including a correctional institution, shall be subject to the same special standards as established in this chapter for a hospital.

B. With respect to cemeteries, the following additional standards apply:

(1) Yards shall be measured from grave sites to property lines unless a building/structure is proposed, in which case the yard is measured from the building/structure to the property line, as defined in § 218-3.

(2) All grave sites shall be set back at least 100 feet from the property line of any adjacent parcel of land in a residential district.

(3) All buildings/structures in cemeteries, including accessory buildings and including mausoleums, shall be set back at least 200 feet from the property line of any adjacent parcel of land in a residential district.

(4) The Board of Appeals, in issuing a special use permit for a cemetery, shall require suitable fencing, landscaping and screening as deemed necessary to provide a buffer from adjacent land uses.

(5) The yard requirements identified in Subsection B(2) and (3) above shall not apply with respect to the boundary of any adjacent property owned by any public entity or corporation, including the State of New York, the County of Westchester and the Town of Mount Pleasant, in which case the yard requirements provided in the Schedule of Regulations[1] for the district in which the cemetery is located shall apply, with the definition of "yard" as identified in Subsection B(1) above. Under these circumstances, the Board of Appeals, in issuing a special use permit for a cemetery, shall require suitable fencing, landscaping and screening as deemed necessary to provide a buffer from adjacent land uses.

[1] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

(6) All cremorial units shall be set back at least 50 feet from the property line of any adjacent parcel of land in a residential district. Cremorial units located within a mausoleum or other similar structure shall comply with the provisions of § 218-51B(3).

[Added 9-14-2004]

§ 218-52 Retail uses accessory to cemeteries.

Business associated with a cemetery, including retail florists or greenhouses, retail monument establishments or offices, may be permitted by the Board of Appeals, provided that all of the following standards are met:

A. The business must be located on a site adjacent to a cemetery or directly across a public street or railroad from a cemetery. In no case shall a building used for such purposes be located further than 1,250 feet from a cemetery boundary.

B. The location of the business shall be such that it will not be detrimental or a nuisance to any neighboring residential properties. In no case shall the Board of Appeals permit business accessory to a cemetery to be located in an established residential neighborhood.

C. The site for any business accessory to a cemetery shall not be less than 10,000 square feet nor more than three acres in area. The maximum building coverage shall not exceed that of the district in which the premises are situate. Other site dimensions shall be as follows:

(1) Minimum lot depth: 150 feet.

(2) Minimum front yard: 65 feet with parking in the front yard or 25 feet with no parking in the front yard.

(3) Side yard: same as for a residence in the district involved.

(4) Rear yard: 30 feet.

(5) Maximum height: 35 feet or two stories.

D. Signs shall be of a nonflashing and nonmoving type and shall not have a total sign area greater than one square foot for each two feet of building frontage. The Board of Appeals may designate where signs are to be located and how they are to be faced to prevent any nuisance to adjoining properties.

E. The Board of Appeals shall require suitable landscaping and screening to prevent any nuisance to surrounding properties.

§ 218-53 (Reserved) [1]

[1] Editor's Note: Former § 218-53, Roomers and boarders, was repealed 1-24-2023 by L.L. No. 1-2023.

§ 218-54 Telephone exchanges.

A. A telephone exchange shall be permitted, provided that there is no outdoor service or storage yard and no business office.

B. One off-street parking space shall be provided for every two employees on duty at the peak employment hour and one space for every company vehicle. Parking spaces shall be located only in side or rear yards and shall be permanently improved.

C. The building shall conform to the same yard setback requirements applicable to adjoining residences, but no side yard shall be smaller than 25 feet.

D. The Board of Appeals shall require suitable fencing, landscaping and screening to prevent nuisance to neighboring properties.

§ 218-55 Watershed and water supply facilities.

[Amended 1-13-2004]

A. All such facilities shall be located so as not to cause any nuisance to surrounding properties.

B. The Town Board may require suitable fencing or landscaping around any structures to safeguard the public and to screen the facilities from surrounding property.

C. No outdoor storage of materials shall be permitted in any residence district.

D. No water towers shall exceed 100 feet in height. Water towers shall be located a distance equal to at least twice their height from all property lines.

§ 218-56 Tourist homes.

A tourist home shall be subject to the same regulations applicable to rooming or boarding houses, except that the use of such home by a transient clientele shall be permitted and except that dining facilities may be open for use by the general public.

§ 218-57 Truck terminal, transfer and storage points.

A. The Board of Appeals may permit the use of a site no smaller than two acres in area for use as a trucking terminal, transfer or storage point, provided that adequate provision shall be made for the off-street parking of all vehicles which would use the terminal and provided that access and service drives are located so as to avoid unsafe conditions and traffic congestion.

B. No loading, unloading or transfer operations shall be permitted on the street, at the curb within the required front yard.

C. Maximum coverage by all buildings and structures shall be limited to 25% of the site. All parking areas and access and service drives shall be permanently improved to prevent any nuisance because of dust.

D. No terminal operation, including the parking of motor vehicles, shall be permitted within 50 feet of any residence district.

E. The Board of Appeals shall require suitable landscaping and fencing and may limit or prohibit outdoor storage of any materials other than motor vehicles.

§ 218-58 Veterinary hospital; boarding and care of small animals.

A. A veterinary hospital may be permitted, provided that all animals shall be housed in buildings, except for incidental exercising in fenced enclosures located in the rear yard but not closer than 50 feet to the side or rear lot lines.

B. The Board of Appeals shall require suitable fencing and landscaping.

C. Notwithstanding the above, in C-NR Neighborhood Retail Districts, the Board of Appeals may approve the completely enclosed facilities for the medical care and treatment of small animals, generally defined as "household pets," on an outpatient basis, including the occasions and temporary accommodations of and for such animals for overnight periods to facilitate diagnoses, treatment and recuperation. The Board of Appeals shall ensure the control of such potential nuisance factors as noise, odor, light, dust and traffic and other factors it considers appropriate in the interest of neighboring property owners and residents.

[Added 12-20-1983]

§ 218-59 Junkyards.

A. No junkyard shall be permitted on a lot smaller than one acre nor larger than five acres.

B. A junkyard shall be entirely surrounded by a fence at least seven feet high but no higher than 10 feet. The fence shall be of a type approved by the Board of Appeals to prevent any nuisance to surrounding property. The fence shall be set back at least 50 feet from all streets and at least 25 feet from all other property lines, except that the fence shall be located at least 100 feet from the boundary of any residence district.

C. The yards between the fence and the boundaries of the lot shall be used only for landscaping and for driveways located at places designated by the Board of Appeals. Landscaping shall be provided around all sides of the junkyard. shall be specifically approved by the Board of Appeals, shall be sufficient to screen the junkyard and fence from surrounding properties and shall consist primarily of planting of the evergreen variety.

D. The Board of Appeals shall not approve any site for use as a junkyard if the topography of the surrounding property is such that land in a residence district within 300 feet of the junkyard site has an elevation higher than any point on the junkyard site.

E. Use of a junkyard shall be limited to the storage of materials for salvage purposes, not including unbaled paper or rags or any other materials which would be a nuisance because of dust, odor or fire hazard. Use of a junkyard for the dumping of garbage or refuse shall not be permitted. Burning of any materials shall not be permitted.

F. The height of materials stored within the fenced area shall not be greater than one foot less than the height of the fence.

G. No residential use shall be permitted on a site used for a junkyard.

H. Only one sign shall be permitted for each junkyard. Such sign shall be located in the front yard, shall be no larger than 20 square feet in area and shall be not higher than seven feet.

§ 218-60 Swimming facilities.

A. The Board of Appeals may permit the use of a lot no less than two acres in area by an individual, association or corporation for commercial or private swimming facilities. Qualification as a nonprofit membership club under the provisions of § 218-43 shall not be required.

B. The use of such lot shall be limited to swimming facilities, including necessary equipment for supplying, purifying and circulating water, and cabanas, lockers or bathhouses, playgrounds and other recreation facilities such as tennis courts or shuffleboard courts, refreshment stands or restaurants and similar and usual accessory uses to swimming facilities which the Board of Appeals shall find are in keeping with the requirements of this section.

C. Buildings and structures shall cover a total area of not more than 25% of the lot and shall be set back at least 75 feet from all street lines and at least 50 feet from any property line contiguous to a lot in a residence district. All outdoor recreation areas and facilities a shall be located at least 75 feet from all street lines and at least 15 feet from all other property lines, except that this distance shall be increased to 50 feet where a property line is contiguous to a lot in a residence district.

D. Adequate off-street parking areas shall be provided to accommodate the vehicles of all persons using or operating the swimming facilities and accessory uses. The Board of Appeals shall determine the number of parking spaces to be provided, but in no case shall this number be less than 1/2 of the rated capacity of the swimming facilities plus additional spaces necessary to serve all other accessory facilities, a including those spaces required under the provisions of Article VI.

E. Off-street parking areas shall be located at least 10 feet from any property line contiguous to a lot in a residence district. Access drives from existing streets and highways shall be located so as to avoid unsafe conditions and traffic congestion.

F. The Board of Appeals shall require suitable fencing and landscaping to safeguard the safety and welfare of the general public and neighboring properties, and the Board may designate the location and orientation of structures and facilities in order to protect the privacy of neighboring properties.

§ 218-61 Off-street parking areas in residential zones adjacent to nonresidential zones.

A. In order to permit the creation of parking lots for passenger vehicles immediately adjacent to crowded established business and industrial districts and to permit the full utilization of the limited area within such established business and industrial districts for business and industrial purposes by special permit of the Board of Appeals, a lot or parcel in an R-10, R-5A or R-3A District may be used for off-street parking accessory to a business or industry, provided that all of the following standards are met:

(1) Said lot or parcel shall be immediately adjacent and contiguous to the boundary line of a business, commercial or industrial district for a distance of at least 50 feet but shall not be contiguous at more than one property line thereof to a side lot line in a residence district. For the purposes of this subsection, a lot or parcel across a street from a business, commercial or industrial district shall not be considered contiguous thereto. Only that portion of said lot or parcel that lies within 200 feet of a business, commercial or industrial district may be used for off-street parking purposes. The Board of Appeals may limit this distance to an amount less than 200 feet in order to prevent extension of such parking lots into an established residential area in such a manner that it would be difficult to maintain its residential character.

(2) Use of said lot shall be limited to the accessory parking of private passenger vehicles of employees, customers or visitors of a principal business or industrial use located in the contiguous business, commercial or industrial district. There shall be no motor vehicle sales or service and no motor vehicle storage on said lot or parcel. There shall be no access to the parking lot at a distance of more than 150 feet from the boundary of such business, commercial or industrial district, and such access shall be limited to the street on which the adjoining business or industrial buildings have frontage.

(3) The plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the Board of Appeals with regard to avoiding unsafe conditions and traffic congestion in the public street, protecting pedestrians on public sidewalks and providing for the safety and adequacy of access for cars and pedestrians using the parking facility. The parking facilities shall be suitably graded, surfaced, drained and maintained to the extent necessary to avoid nuisances of dust, erosion or excessive waterflow across public streets or adjacent lands.

(4) The portion of the lot or parcel that is used for parking shall be bordered on all sides not contiguous to or across a street from the boundary of a business, commercial or industrial district, with a five-foot-wide buffer strip on which shall be located and maintained fencing and landscaping which the Board of Appeals shall find is of suitable type and size to effectively screen the parking lot from adjacent residential districts. In the case of a corner lot or parcel used for parking purposes, the parking lot shall be set back from the street on which contiguous lots in a residential district have frontage a distance equal to the required front yard of such district.

(5) No sign shall be displayed on such lot or parcel except one identification sign not exceeding 10 square feet in area facing each street on which the parking lot has access. No sign shall be located outside of the portion of the lot or parcel used for parking purposes nor more than 100 feet from the business, commercial or industrial district boundary. Necessary small traffic control signs shall also be permitted.

(6) Necessary lighting of parking areas shall be permitted, but there shall be no unshaded light sources, and lights shall be so located that their beams are not directed into adjoining properties or into the public highways.

B. The provisions of this section are intended to provide relief for established business, commercial or industrial districts lacking adequate and suitable space for expansion and provision of off-street parking areas. The Board of Appeals shall not authorize use of a residential area adjacent to new or relatively undeveloped business, commercial or industrial districts for accessory parking purposes.

§ 218-61.1 Car storage facilities.

[Added 4-10-2018 by L.L. No. 2-2018]

A. The Town Board shall be the approving agency for special permits for car storage facilities in residential districts. A car storage facility shall be fully enclosed.

B. In order to be eligible for a special permit for improvement with and use as a car storage facility, any lot must have frontage on a state or county road or highway.

C. To the extent they are inconsistent with any dimensional, bulk, area, parking and use requirements set forth elsewhere in this Chapter 218 of the Town Code (including, but not limited to, Attachments 1 through 9, the Tables of Regulations for Residence Districts), the dimensional bulk, area, parking and use standards in this § 218-61.1 shall control.

D. The following dimensional standards apply to car storage facilities:

(1) The minimum lot area shall be 30,000 square feet;

(2) The mean depth of the lot shall be at least 75 feet;

(3) The minimum front yard shall be 10 feet. The front yard shall be deemed the yard of access when fronting on two roads, and the other shall be the rear yard;

(4) The minimum side yard shall be 15 feet and the total of two side yards shall be at least 40 feet;

(5) The minimum rear yard shall be 25 feet;

(6) The maximum building height shall be three stories or 45 feet above average finished grade;

(7) The maximum floor area ratio for the principal building shall be 3.0;

(8) Maximum building coverage shall be 50%;

(9) None of the required yards shall apply to or limit the location of the walls of any portion of the car storage facility that is below ground, so long as no portion of the building (either subterranean or above ground) is within five feet of any lot line; and

(10) One off-street loading space is required of sufficient size to accommodate a vehicle carrier and/or trailer rig.

E. A landscaped buffer of no less than five feet in width shall be located adjacent to the side, rear and front lot lines; provided, however, that such buffer shall not be required in proximity to driveways or walking pathways leading to and from the parcel, nor be located in any area that could impede site distance for ingress or egress or block the visibility of any freestanding sign(s) allowed on the parcel.

F. Accessory uses for car storage facilities include:

(1) Off-street parking, either outdoors or in the facility;

(a) The provisions of § 218-90B of the Code shall not apply to off-street parking accessory to car storage facilities, provided that no portion of the off-street parking facility shall be within five feet of the front lot line and five feet of the side lot line.

(2) An office with an associated lounge within the car storage facility, utilized in the operation of the facility, not to exceed 7,000 square feet in area.

§ 218-62 New or used motor vehicle sales.

A. Uses permitted. The Board of Appeals may permit the use of a lot no less than three acres in area for a showroom for the sale of new or used motor vehicles, including such specific accessory uses as the Board of Appeals shall find appropriate for the particular site with respect to the location and character of adjoining uses, including but not limited to parking lots for the storage in the open of new or used cars for sale, but not including the storage of dismantled or wrecked vehicles; automotive service facilities clearly related to the sale of such new or used motor vehicles; business offices and enclosed storage incidental to the conduct of such sales, but not including the sale of gasoline to the general public.

B. Parking areas. All parking areas for storage of new or used cars and for employee and customer cars shall be in the side or rear yards of the main building and shall be screened from view from the road line by suitable evergreen planting or other screening devices approved by the Board of Appeals when acting on the application for the special permit. All such parking areas shall meet the improvement requirements of § 218-91 of this chapter. No parking shall be permitted in the front yard area. The amount of off-street parking space shall be determined by the standards for the district in which the facility is located. If the Board of Appeals shall find that the standards for off-street parking for the particular district will result in what it determines to be an inadequate or an excessive amount of customer parking spaces, due to the amount of the site which must be considered as retail floor area, the Board of Appeals may increase or reduce the amount of customer parking spaces to be provided to the amount it determines acceptable for the use, and the details of such adjustment shall be set forth in the records of that Board.

C. Signs. The permitted special use shall be subject to the sign regulations of the district in which it is located. The use of pennants, streamers or other moving eye-catching devices is prohibited, except in the cases of the opening of a new facility, the reopening of a facility that has been closed for a period of 30 days or more or a change of a facility's major manufacturer and, in the case of a salesroom for new motor vehicles, at the start of the new model year, and in any case only for a period not to exceed 30 days.

§ 218-63 Adult entertainment use businesses.

[Added 12-14-1993]

A. Purpose.

(1) In the execution of these regulations, the Town Board of the Town of Mount Pleasant recognizes that there are some uses which, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased by their concentration in any one area, thereby having deleterious effects on adjacent areas.

(2) The unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Town of Mount Pleasant in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area leaving it in a vacant and depressed state.

(3) Adult entertainment use businesses exhibit these characteristics. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses. In order to prevent the unrestricted proliferation of such businesses and to ensure that those effects will not adversely effect the health, safety and economic well-being of the community, the Town Board of the Town of Mount Pleasant finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Town of Mount Pleasant.

B. Definitions.[1] For the purpose of this section, the following phrases and words shall have the meanings assigned below, except in those instances when the context clearly indicates a different meaning:

ADULT BOOKSTORE

An establishment, whether retail or wholesale, that has a substantial portion of its stock-in-trade books, magazines, recordings, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For the purpose of this definition only, "substantial" shall mean comprising an area that is 10% or more of the total floor area available to patrons.

ADULT ENTERTAINMENT CABARET

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT USE

Any activity defined herein as an adult bookstore, adult motion-picture theater, adult entertainment cabaret, and/or adult motel.

[Amended 12-13-2016 by L.L. No. 10-2016]

ADULT MOTEL

A motel which is open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would be open to the public generally but would exclude any minor by reason of age.

ADULT MOTION-PICTURE THEATER

An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

BUSINESS

Any person, firm, association, partnership, corporation or other entity for profit.

MASSAGE

A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health-care practitioner duly licensed by the State of New York, nor barbershops, nor beauty salons in which massages are administered only to the scalp, face, neck or shoulder(s). This definition also shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities which do not receive their primary source of revenue through the administration of massages, nor facilities for the welfare of the residents of the area.

MASSAGE TECHNICIAN

Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health-care practitioner duly licensed by the State of New York.

PERSON

Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.

SEXUAL ACTIVITIES

Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with person's clothed or unclothed genitals, pubic area, buttocks or breasts.

[1] Editor's Note: See also § 218-3 for more definitions.

C. No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use business within the Town of Mount Pleasant unless such use meets the following additional standards:

(1) No more than one adult entertainment use as defined above shall be located on any individual lot.

(2) No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes, or vice versa, including nonconforming residential uses.

(3) No adult entertainment use shall be closer than 500 feet to any lot line of any other lot on which there is another adult entertainment use.

(4) No adult entertainment use shall be established on a lot, or a portion thereof, that is closer than 500 feet to any residential district or nonresidential district which permits a residential use.

(5) No adult entertainment use shall be established closer than 200 feet to the lot line of any church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.

(6) No adult entertainment use shall be established unless the provisions of Chapter 218, Article VI, related to parking requirements and Chapter 176, Signs, related to signage and all other applicable regulations of the Town of Mount Pleasant have been met. Where there is conflict between the regulations as provided in this section and any other ordinance, rule or regulation, etc., of the Town of Mount Pleasant, the most restrictive ordinance, rule or regulation, etc., shall apply.

(7) Any business or person currently operating an adult entertainment use within the Town of Mount Pleasant that fails to conform to the requirements of this chapter shall cease such use in accordance with the following amortization schedule:

	Amount of Capital Investment* as of the Effective Date	Date Before Which Use of this Section Shall Terminate
	0 to $25,000	November 1, 1994
	$25,001 to $50,000	November 1, 1995
	$50,001 to $75,000	November 1, 1996
	$75,001 to $100,000	November 1, 1997
	$100,001 or more	November 1, 1998

NOTES: * The term "capital investment," as used above, shall mean the initial outlay of money or other consideration by the owner or operator of the use to establish the business as of the date of the enactment of these regulations, exclusive of the fair market value of the structure in which the use is located.

§ 218-63.1 Massage establishments.

[Added 12-13-2016 by L.L. No. 10-2016]

A. Purpose.

(1) The Town of Mount Pleasant finds it necessary to protect the public: i) from unlicensed establishments-practitioners that perform massages on unsuspecting persons; ii) from establishments operating under the guise of being a massage establishment, as defined herein, when actually engaging in illegal activities and subjecting the public to exposure to unclean, unhealthy and possibly contaminated conditions; and iii) from sex trafficking in persons and commercial sexual exploitation. These illegal activities have a deleterious effect on the public health, safety and welfare of the Town, its residents and the public at large. It is the intent of the Town to regulate the premises from which massage establishments are operated to promote and protect public health, safety and welfare.

B. No massage establishment may open, operate or exist in the Town without first obtaining a special use permit from the Zoning Board of Appeals following a public hearing. A property owner or landlord shall not permit a tenant or subtenant to open or operate a massage establishment within the Town unless a special permit has been obtained for the designated premises.

C. Application documents. In addition to the information required by § 218-23 all applications for a special permit pursuant to this subsection shall include the following:

(1) Name, address, date of birth and social security number of the individual applicant(s). If the applicant is an entity, then the name, address, date of birth and social security number of each shareholder, member or partner (as applicable) having a 10% or greater ownership interest in such entity shall be provided.

(2) For each individual who will provide massage services, a copy of his/her current registration certificate issued by the New York State Education Department listing the individual's name, address and dates of the registration period.

(3) State the name of the massage establishment under which the applicant will operate and the address from which the business intends to offer massage services.

(4) Describe the nature of the massage services to be provided.

(5) State the maximum number of private rooms to be utilized by practitioners, and the number of entrances and exits to the message establishment.

(6) State whether any part of the premises to be used as the massage establishment will be used for any purpose other than the providing of massage services.

(7) The owner of the building from which the proposed massage establishment will operate shall be a coapplicant on the special permit application and any renewals thereof.

(8) Affix to the application two copies of a scale drawing showing the dimensions of all rooms to be used for massage services and the locations therein of all massage tables.

D. Additional referrals. In addition to the referrals required pursuant to §§ 218-23 and 218-24, all applications for a special permit under this section also shall be referred to the Chief of Police and the Building Inspector to ensure compliance with the requirements of this chapter and all laws and regulations of the State of New York and the Town of Mount Pleasant. Within 45 days of the date(s) such referral is received by the Chief of Police and Building Inspector, each of them shall render a written report with their respective recommendations as to whether or not such application should be granted.

E. Operational requirements. The following operational requirements apply to all massage establishments:

(1) The allowable hours of operation are between 7:00 a.m. and 9:00 p.m., unless otherwise determined by the Zoning Board of Appeals where good cause is shown by the applicant.

(2) There shall be no outdoor activity associated with the massage establishment.

(3) Price rates for all services shall be prominently posted or provided in brochures in the reception area or a location available to all prospective customers.

(4) The genital area of the patrons and breast area of female patrons must be covered by sheets, cloths or undergarments when in the presence of a massage practitioner or other employee of a massage establishment.

(5) Laundry and/or table covers shall be changed after each massage and/or client. Laundry shall be cleaned on a daily basis during the days the establishment is in operation.

(6) All rooms, tables and equipment used in connection with massage services shall be sanitized daily.

(7) All massage practitioners shall sanitize their hands prior to and after performing a massage.

(8) No massage establishment shall have an entrance or exit providing direct passageway to any other type of business, residence or dwelling.

(9) No massage services may be performed in a room, area or cubicle which is fitted with a door capable of being locked.

(10) There shall be no obstruction of the passage of light through any windows of a massage establishment by means of, including but not limited to, affixing plywood, paper, or taping other opaque materials over the windows. This restriction does not apply to permitted signage or to the standard use of curtains or blinds.

(11) No massage services shall be provided to individuals under the age of 18 unless the parent or guardian of said minor is physically present when such services are provided or such parent or guardian has provided written, notarized authorization for such services.

(12) All massage establishments and massage practitioners shall possess and maintain valid licenses and certificates as required by all applicable state and local governmental authorities for the provision of massage services, including those required pursuant to Article 155 of the New York State Education Law, § 7800 et seq.

(13) All massage establishments shall display in a prominent location within the premises a copy of a current New York State registration certificate for each individual offering massage services at said establishment. Upon request by a representative of the Town, the original of such documents shall be produced for inspection.

(14) The property owner, landlord or special permit holder shall provide Town representatives with access to the premises for inspection.

(15) Alcoholic beverages shall not be sold or consumed on any premises where massage services are provided.

(16) All massage establishments shall comply with any other special requirements deemed appropriate by the Board of Appeals in furtherance of the purpose and intent of this subsection.

F. Exemptions. All individuals and/or entities that are exempt from the provisions of Article 155 of the New York State Education Law shall also be exempt from the requirements of this subsection.

G. Duration and renewal of special permits. Special permits issued pursuant to this subsection shall be effective for a period of three years from the date of filing with the Secretary of the Board of Appeals. Each application for a renewal of a special permit issued pursuant to this subsection shall include all of the information required under § 218-63.1(C)(1) through (7) and identify any material changes relating to the operation or ownership of the massage establishment and/or its massage practitioners relative to any prior application(s). Special permits shall not be transferrable from one owner to another.

H. Existing massage establishments. The provisions of Article V of Chapter 218 of the Town Code concerning nonconforming uses in existence at the time of the adoption of this subsection shall not apply to massage establishments, and all massage establishments covered under this subsection and in existence at the time it is enacted shall be required to apply for the special permit required under this subsection within six months of the date of enactment hereof.

§ 218-63.2 Assisted living residences as special permit use.

[Added 6-12-2018 by L.L. No. 3-2018]

A. Purpose.

(1) The Town of Mount Pleasant determines that there is an increasing need to provide specialized housing for senior citizens requiring some assistance with daily living. Accordingly, it is the intent of the Town Board to create a special permit use in the OB-1, OB-2, OB-3, OB-5, and OB-6 Districts, permitting assisted living residences (ALR) on those limited sites within these districts where such use will be compatible with surrounding uses and can be developed in an orderly and well-planned manner.

B. Upon an application submitted by a duly authorized representative of an owner of any parcel of land within the OB-1, OB-2, OB-3, OB-5, and OB-6 Districts, the Town Board may approve a special use permit for an ALR subject to the use, density and bulk regulations set forth in this section, provided that such parcel satisfies the locational criteria set forth below.

C. ALRs shall be subject to the requirements set forth herein, as well as all other applicable regulations in this chapter, in accordance with the Town Planning Board's site plan review authority and procedures set forth in Zoning Code Article VIII.

D. Location criteria.

(1) The ALR may be approved on one or more parcels within the OB-1, OB-2, OB-3, OB-5, and OB-6 Districts that contains a minimum area of 10 contiguous acres.

(2) An ALR shall not be established within a 1/4 mile of any other existing ALR.

E. An ALR, as defined by § 218-3, is subject to the requirements set forth in this section.

F. Use and density standards.

(1) Individual residential units within the ALR units shall contain adequate living and sleeping area(s) and a private bathing facility or shower. Kitchenettes are permitted within ALR units, provided that adequate safety features are included in the design of such facilities; and further provided that, as contained herein, a kitchenette shall permit microwave ovens for cooking purposes but shall prohibit gas stoves, ovens, hot plates or any other device that maintains an open flame or exposed heated surface capable of creating a potential fire hazard.

(2) An ALR may include the following in addition to individual residential units:

(a) Living area(s) for the common use of the residents, adequate in location, number, size, variety and amenities to satisfactorily serve the needs of such residents. Such living areas may include but not be limited to living rooms, TV rooms, libraries, music rooms, activity rooms and multipurpose rooms.

(b) Dining area(s) for the common use of the residents, adequate in location, number, size and amenities to satisfactorily serve the needs of such residents, and in which all meals shall be served to all residents on a daily basis.

(c) Central commercial kitchen adjacent to and from which food service is provided to the common dining room(s). Central commercial kitchen facilities shall provide appropriate venting and odor control in addition to noise attenuation meeting the requirements of § 139-16.

(d) Indoor and outdoor passive recreational areas for the common use of the residents. The minimum permitted usable outdoor open space on a lot containing an ALR shall be provided at a ratio of 100 square feet of outdoor open space for each individual assisted living unit.

(e) Lavatory facilities located near the common room(s) for the use of residents and guests.

(f) Laundry facilities for the residents' personal use.

(g) Linen and housekeeping services.

(h) Personal-care services that need not be provided by licensed personnel, including, but not limited to, assistance with dressing, bathing, eating, ambulation and general supervision.

(i) Twenty-four-hour availability of on-site responsible staff person(s).

(j) A central kitchen on each floor of the building for the residents' personal use, provided that adequate safety features are included in the design of such facility.

(k) An area proximate to the main entrance to the ALR that provides safe, properly sited, convenient and canopy protected access to transportation modes for residents, including but not limited to a shuttle bus, taxi, ride-sharing and jitney services.

(l) Shall be located within a proximate distance to Westchester County Bee Line bus stops.

(3) The maximum permitted density on a lot containing an ALR shall be based on the site area requirement of 3,500 square feet of lot area for each individual assisted living unit.

G. The occupancy of residential units located in an ALR shall be restricted as follows:

(1) Each single efficiency unit shall be occupied by no more than one person. Each double efficiency unit shall be occupied by no more than two persons. Each one-bedroom unit or two-bedroom unit shall be occupied by no more than two persons.

(2) All units shall be designated ADA accessible or ADA adaptable.

(3) There shall be no separate accommodations for overnight guests other than within the individual residential unit of the resident.

H. The applicable bulk requirements for this district are set forth below:

Schedule of Dimensional Regulations
Lot Dimension Requirements
Minimum lot size		10 acres
Minimum lot width at front setback		100 feet
	Mean width:	100 feet
	Mean depth	100 feet
Minimum Yard Dimension Requirements
	Front:	75 feet
	Side, at least 1	30 feet
	Side, total 2	60 feet
	Rear	75 feet
Maximum height of buildings		4 stories or 65 feet to roof deck excluding mechanical screening
Retaining walls		25 feet from base of wall, except when abutting single-family homes, 6 feet

I. The lot shall be suitably landscaped to the extent practicable, and all landscaping shall be properly maintained throughout the life of any use on any lot. An effort shall be made to retain existing vegetation along the perimeter of the property to the maximum extent practicable. The building shall be suitably screened with a buffer of evergreen plantings. Buffer screening shall be provided as appropriate along property lines which adjoin adjacent residential lots. A landscaping plan prepared by a qualified New-York-State-registered landscape architect shall be submitted as part of the site plan review.

J. At least one parking space for every two units shall be provided on site. Such parking spaces shall be permanently improved and shall be located in the side or rear yards but no closer than 25 feet to any property line. A ten-foot-wide planting strip shall be provided between the designated parking areas and the property line, unless the Planning Board waives the requirement for such planting strip during site plan review undertaken in accordance with Article VIII of this chapter. One loading space shall also be provided on site.

K. Reasonable vehicular and pedestrian circulation shall exist to and from the site, taking into consideration the characteristics of the existing street and accessibility of the site and building(s) thereon for emergency service vehicles. Adequate provision shall be made for the off-street loading and unloading requirements of delivery vehicles if determined by the Planning Board to be necessary in the particular circumstances with appropriate landscaping.

L. Adequate exterior lighting shall be provided to ensure safe pedestrian and vehicular travel around the site. Such lighting shall be shielded from the view of all surrounding properties and streets.

M. For an ALR, one sign not exceeding 25 square feet in area indicating only the name of the project or development shall be permitted facing each public street. Such sign shall not be closer than 10 feet to any lot line, shall not project more than eight feet in height above grade and shall not be illuminated except indirectly.

§ 218-63.3 Vape shops.

[Added 9-25-2018 by L.L. No. 6-2018]

A. Purpose.

(1) The Town Board hereby finds and determines that the Town of Mount Pleasant has a substantial interest in reducing the number of individuals of all ages who use cigarettes and other tobacco and nicotine products, and a particular interest in protecting adolescents from tobacco dependence and the illnesses and premature death associated with tobacco and nicotine use. The Centers for Disease Control and Prevention provides that more than 16 million Americans are living with a disease caused by smoking. Furthermore, smoking causes cancer, heart disease, stroke, lung diseases, diabetes, and chronic obstructive pulmonary disease, which includes emphysema and chronic bronchitis. Tobacco companies sell products that are addictive and inherently dangerous, causing cancer, heart disease, and other serious illnesses. Primary tobacco use is a major cause of mortality and morbidity, directly causing an estimated 480,000 deaths per year in the United States, more deaths than are caused by the use of any other legal or illegal substance or drug. An overwhelming majority of Americans who use tobacco products begin using such products while they are adolescents and become addicted before reaching the age of 18. The Surgeon General of the United States has concluded that if young people do not start using tobacco by age 26, they almost certainly will never start. The effects of smoking generated by the smoking of cigars, cigarettes, pipes, and similar articles pose a threat to the health, safety and well-being of youth within the Town of Mount Pleasant. Therefore, it is the intent of the Town of Mount Pleasant to reduce youth smoking rate by prohibiting the sale of tobacco products to persons under the age of 21.

(2) The Town Board further finds that the Town has a substantial interest in responding to the increased use of electronic cigarettes and nicotine delivery products among adolescents. E-cigarettes are now the most commonly used tobacco product among youth, having surpassed conventional cigarettes in 2014. Public health authorities and agencies, including the Centers for Disease Control and Prevention and U.S. Surgeon General, have advised that the use of e-cigarettes and nicotine delivery products poses significant and avoidable health risks to young people.

B. No vape shop may open, operate or exist in the Town without first obtaining a special use permit from the Zoning Board of Appeals following a public hearing. A property owner or landlord shall not permit a tenant or subtenant to open or operate a vape shop establishment within the Town unless a special permit has been obtained for the demised premises.

C. Application documents. An applicant for a special permit shall provide all information required by § 218-23.

D. Operational requirements. The following operational requirements apply to all vape shop establishments:

(1) The allowable hours of operation are between 7:00 a.m. to 9:00 p.m., unless otherwise determined by the Zoning Board of Appeals where good cause is shown by the applicant.

(2) There shall be no outdoor activity associated with the vape shop establishment.

(3) The property owner, landlord or special permit holder shall provide Town representatives with access to the premises for inspection.

(4) All vape shop establishments shall comply with any other special requirements deemed appropriate by the Board of Appeals in furtherance of the purpose and intent of this subsection.

E. Vape shops shall be subject to the following special provisions in regard to their location:

(1) Vape shops shall not be located within 500 feet of the lot line of any park, playground, library, or religious institution; such distance shall be measured from the closest point of the store front to the nearest point of the lot line of the property with a park, playground, or religious institution.

(2) Vape shops shall not be located within 2,000 feet of the lot line of any school; such distance shall be measured from the closest point of the storefront to the nearest point of the lot line of the school property.

(3) No more than one vape shop shall be located on any lot or within 1,000 feet of any other vape shop.

F. Duration and renewal of special permits. Special permits issued pursuant to this subsection shall be effective for a period of three years from the date of filing with the Secretary of the Board of Appeals. Each application for a renewal of a special permit issued pursuant to this subsection shall include all of the information required under § 218-23 and identify any material changes relating to the operation or ownership of the vape shop establishment relative to any prior application(s). Special permits shall not be transferrable from one owner to another.

G. Existing vape shop establishments. The provisions of Article V of Chapter 218 of the Town Code concerning nonconforming uses in existence at the time of the adoption of this subsection shall not apply to vape shop establishments, and all vape shop establishments covered under this subsection and in existence at the time it is enacted shall be required to apply for the special permit required under this subsection within six months of the date of enactment hereof.

§ 218-63.4 Arrays of ground-mounted solar panels for generation of electricity.

[Added 6-9-2020 by L.L. No. 4-2020]

A. Purposes: to take advantage of a safe, abundant, renewable and nonpolluting energy resource; to mitigate the impacts of solar arrays on environmental resources, such as forests, wildlife and other protected resources; to create synergy between solar and the stated goals of the community pursuant to its Comprehensive Plan, such as the protection of environmental resources; to align the laws and regulations of the community with several policies of the State of New York, particularly those that encourage distributed energy systems; and to diversify energy resources to decrease dependence on the grid.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

C. Standards and requirements.

(1) May be located on a parcel or parcels totaling a defined area of at least 10 acres, with frontage totally within the unincorporated portion of the Town, which parcels may be separated by a street or right-of-way.

(2) All such arrays shall be designed, erected, and installed in accordance with all applicable codes, regulations, industry standards and the Code of the Town of Mount Pleasant.

(3) Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

(4) No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

(5) As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(6) Glare. All solar panels shall have anti-reflective coating(s).

(7) Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

(8) Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the greatest extent possible. Any approval of a project permitting solar arrays pursuant to this section shall include a specific landscape plan of native plantings. As a condition of any approval under this section, a property owner/lessee shall be required to maintain the plantings pursuant to the approved landscape plan and provide the Town with a cash bond for landscape maintenance for a time period set by the Planning Board.

(9) Maximum solar array height of 15 feet.

(10) Minimum yard dimensions of fifty-foot front, twenty-five-foot side and fifty-foot rear and no required maximum building coverage; minimum usable open space; mandatory off-street loading space or minimum number of off-street parking spaces.

(11) All arrays and ancillary structures shall be with fencing of a height as required per the National Electric Code standard enforced by the Town of Mount Pleasant, with a locking gate to prevent unauthorized access.

(12) Notwithstanding the provisions of Article V herein, such permitted special use shall not change the existing or nonconforming zoning status of the land on which it is located.

(13) Abandonment and decommissioning.

(a) Abandonment. Absent notice of a proposed date of decommissioning, the system shall be considered abandoned, absent force majeure, when the system fails to operate for more than one year without the written consent of the Planning Board. If the applicant fails to remove the solar energy system in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the system, upon receipt of an appropriate court order or written consent of the owner.

(b) Removal requirements. Any large-scale, ground-mounted solar energy system that has reached the end of its useful life or has been abandoned shall be removed by the property owner. When the solar energy system is scheduled to be decommissioned, the applicant and/or property owner shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The property owner shall physically remove the solar system no more than 180 days after the date of discontinued or abandoned operations. Decommissioning/removal shall consist of: i) physical removal of all solar structures, equipment, security barriers and transmission lines from the site; ii) disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations; and iii) stabilization or revegetation of the site as necessary to minimize erosion.

(c) Financial surety. Owners of proposed large-scale, ground-mounted solar energy systems shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the system, of an amount determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the net cost of removal as proposed by the applicant and approved by the Town Engineer. The surety account or bond will be managed by the Town Treasurer's office. The applicant shall submit a fully inclusive estimate of the costs associated with removal.

(14) The special permit shall be issued by the Planning Board, and all proposed facilities as set forth herein are subject to site plan approval by the Planning Board and shall be subject to a duly noticed public hearing.

(15) Special conditions.

(a) The facilities shall be properly screened from neighboring properties as per the Planning Board, including, to the greatest extent possible, maintain existing vegetation as well as adding supplemental landscaping.

(b) There shall not be excessive lighting at any facilities.